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LegaldEagle, Attorney

Category: Business Law

Satisfied Customers: 269

Experience: Over 10 years of Real Estate, Corporate and Estate Planning Experience

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In the state of GA Gwinnett County Magistrate Court, the president/ceo

Customer Question

In the state of GA Gwinnett County Magistrate Court, the president/ceo of a small corporation signed me on as a CFO to obtain credit for the company. I was able to secure a AMEX credit card for the company. The CEO and his wife help themselves to $15,000 of the Amex credit. I didn't spend a dime. A few months passed and the CEO declaired ch 11 bankruptcy and closed the business and moved out of their current home residence. They resurfaced and moved into a home residence which is upper class and became directors/ceo of another Corporation. I managed to get the CEO served for the small claims court for 15,000 and awaiting for the CEO to answer. The CEO has no intent on paying me back scamming me for 15 grand. I have the AMEX statements that proves that the CEO and his wife used 15,000 of credit. Again They have no intent on paying. Is that considered business fraud to the judge? After he receive the money the ceo booted me out as CFO without no formal paperwork. Please Help.

1. No, I had to declair ch 13 bankruptcy and awaiting for court date of the trustee. I don't have the money to pay it off. Yes its ruining my credit. Actually it killed it.

2. The CEO was served December 2nd this past Tuesday from my process server. Awaiting for the CEO to answer the Magistrate Court.

3. I have the hard copy of the Amex statements which has the CEO and his Wife's name on it and what they used it for and the costs. Basically its all activity and what they did with it. It shows everything that they did with it. Times when the card was used. It wasn't used for the interest of the company. Also I was booted out without any formal release.

1. Ok the Chapter 13 will allow you to come to terms with amex to make payment arrangements, I hope you have a good BK attorney handling this for you.

2. You definately have a strong case against the CEO for fraud if he did not use the card for business purposes. It seems that he took advantage of you and hopefully the Magistrate Court will rectify the situation by giving you a judgment for the amount he used the card for non-business purposes.

3. At this point I wouldn't worry about getting booted out from the company without any formal release. If the company went into Chapter 11, then the company basically gets dissolved and the creditors split up the assets. I am not sure how if the company is out of its bankruptcy, but you can petition the bankruptcy court to include yourself as a creditor if you feel the company has any assets - if not then that would be a waste of time.

During your hearing your main argument will revolve around "unjust enrichment". Paint the court the picture of how the CEO intentionally deceived you (fraud) into granting them $15,000 in credit. That they then turned around and used this credit for personal gain (unjust enrichment) and that the damages cause by their fraudulent behavior caused you damages of $15,000.00, if not more because of ruined credit and the costs of having to go through bankrupcty. However, since you went to magistrate court your damages will be limited to the $15,000.00. But if they somehow show that some of the charges were made for business purposes, then you may want to include those damages to offset any of those charges.

Take a minute to look through this, and let me know if you would like me to provide you with any other information, I will be more than happy to help.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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